Terms and Conditions
(Effective Date: January 20, 2017)
When you choose to use Historic Aerials Website (*.historicaerials.com) ("Website"), you are agreeing to all of the terms and conditions of this Agreement (“Agreement”) between you and Nationwide Environmental Title Research, LLC ("NETRonline"). NETRonline may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes the Website. NETRonline may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature or content. NETRonline may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.
A Subscriber is a User who has purchased one of the offered subscription plans. Subscribers agree to all the terms and conditions in this agreement. Subscriber also agrees to automatic recurring billing based upon their selected plan, typically one month or six month billing intervals. Subscriber may cancel their subscription at any time with no penalty. Cancelling a subscription will stop all future automatic billing. Refunds are not granted for remaining time left until the current billing period expires. However, Subscriber may continue to use the full benefit of their subscription plan until the expiration date. A Subscriber may also change their subscription at any time. Credit for remaining time in current billing interval will be applied prorata to the new subscription plan. Subscriptions can be managed through the user dashboard and selecting the Subscription option.
Note for subscription plans that allow member users: In the event of subscription expiration, any sub users will be 'orphaned' from the account. These sub users will still be allowed to login and use their accounts as registered users using their existing credentials, but will not have access to subscription features.
All materials published on the Website (including, but not limited to the database, news articles, photographs, images, illustrations, GIS information, audio clips and video clips, also known as the "Content") are protected by copyright, and owned or controlled by NETRonline or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service. You may not modify, publish, transmit, and/or participate in the transfer or sale of, reproduction, creation of new works from, distribution, display, or in any way exploit, any of the Content of the Website in whole or in part. NETRonline may add or remove content and/or aerial imagery from the Website at any time.
Restrictions on Use
Website may not be used through any technology or means other than those provided, or through other explicitly authorized means NETRonline may designate. Copying, translating, modifying, or making derivative works of the Content or any part thereof is also prohibited. Users may not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Content available to third parties. To reverse engineer, decompile or otherwise attempt to extract the source code of the website, unless this is expressly permitted or required by applicable law, is prohibited. Use of products in a manner that gives you or any other person access to mass downloads or bulk feeds of any Content, including but not limited to numerical latitude or longitude coordinates, imagery, and visible map data is also prohibited. Additional exclusions include: use the images or resell the images for use, in mobile or wireless devices, including but not limited to mobile telephones, handheld game consoles, and PDA’s. Use of the images in any way that could be considered defamatory, pornographic, libelous, immoral, obscene or fraudulent, or illegal, either by making physical changes to it, in the juxtaposition to accompanying text or images, or otherwise, is expressly prohibited.
There are no fees required of non-subscription users, unless purchasing an image for print or download. The fee is determined by the product table as published on the Website and is charged per purchase. NETRonline does not set any limits on the quantity of imagery purchased, and considers each purchase to be exclusive of all other purchases. NETRonline reserves the right to change the pricing table at any time, but will have no effect on prior transactions.
Due to the nature of immediate delivery of watermark-free Historic aerial imagery, refunds are typically not granted. However, if purchased product is unsatisfactory for any reason, User may file contest within 30 days of purchase via email or postal service. Refunds will only be considered based on technical issues with the file at the sole discretion of NETRonline.
Neither party will be liable for, or be considered to be in breach of or default under this Agreement on account of, any delay or failure to perform as required by this Agreement as a result of any cause or condition beyond its reasonable control, so long as that party uses all commercially reasonable efforts to avoid or remove the causes of non-performance.
This Agreement will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of Arizona, U.S.A., without reference to its choice of law. Each party hereby irrevocably consents to the exclusive jurisdiction and venue of the federal, state, and local courts in Maricopa County, Arizona in connection with any action arising out of or in connection with this Agreement.
The waiver by either party of any breach of any provision of this Agreement does not waive any other breach. The failure of any party to insist on strict performance of any covenant or obligation in accordance with this Agreement will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of this Agreement.
If any part of this Agreement is found to be illegal, unenforceable, or invalid, the remaining portions of this Agreement will remain in full force and effect. If any material limitation or restriction on the use of the NETRonline Services under this Agreement is found to be illegal, unenforceable, or invalid, Subscriber’s right to use the NETRonline Services will immediately terminate.
You agree to indemnify and hold NETRonline, its affiliates, parents, subsidiaries, employees, directors, officers, successors, assigns, distributors and anyone else associated with NETRonline, harmless from, and against, any and all claims, liabilities, costs, damages, or expenses, (including attorneys’ fees) asserted against NETRonline arising out of your use of the images or in connection with any breach of any of the terms of this Agreement. You may elect to assume the handling, settlement or defense of any claim or litigation and shall reasonably cooperate in the defense of any claim. NETRonline shall have the right to participate in the litigation, at its own expense, through counsel of its choosing. You will not be liable for legal fees or other costs incurred prior to NETRonline giving notice of the claim for which indemnity is sought.
You agree to reimburse NETRonline for its legal fees, costs and disbursements if NETRonline is successful in enforcing any of its rights under this Agreement including, without limitation, in connection with any action to collect payment.
The performance of the Website and all Content contained on, downloaded or accessed from this site are provided to you on an "As Is" basis, without warranties of any kind whatsoever, including any implied warranties or warranties of merchantability, fitness for a particular purpose or non-infringement of the rights of third parties. The Company shall be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, Internet access providers, computer equipment, software, or any combination thereof including any injury or damage to your or any other person's computer as a result of using this website. The Company reserves the right, at its sole discretion, to modify, disable access to or discontinue, temporarily or permanently, any part or all of this website or any information contained thereon without liability or notice to you. As a visitor to our website, you acknowledge and agree that any reliance on or use by you of any information available on this website shall be entirely at your own risk. In no event shall NETRonline nor any of its data providers be liable for any direct, indirect, consequential or exemplary damages arising from the use or the performance of this website, even if NETRonline or such provider has been advised of the possibility of such damages.
The Website contains links to other related World Wide Web Internet sites and resources. Since The Company is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or webmaster of such site.
Modifications to this Agreement
NETRonline has the right, at its sole discretion, to modify this Agreement, as well as the Website and Content, at any time. Changes will be posted on the pertinent Website and/or sent via email, and by changing the date of last revision on this Agreement. If any portion of this Agreement or any change to the Website, Content or the Services is unacceptable to you or will cause you to no longer be in compliance with the Agreement, you may terminate usage of the Website at any time. Continued use of the Website now or following posted notices or changes to this Agreement means that you have accepted and agree to be bound by the changes.
If you have any questions or concerns about our website or these Terms and Conditions, please contact us. Official correspondence must be sent via postal mail to:
ATTN: Website Terms and Conditions
2055 E. Rio Salado Pkwy, Suite 201
Tempe, Arizona 85281